Tichout v. Cilley
Supreme Court of Vermont
This was an action of trespass and false imprisonment, tried in the county court, where the defendant obtained a verdict, and the plaintiff filed exceptions, which were allowed by the court, and the'cause was brought up to this Court for a hearing upon those exceptions.
Read the full summary
This was an action of trespass and false imprisonment, tried in the county court, where the defendant obtained a verdict, and the plaintiff filed exceptions, which were allowed by the court, and the'cause was brought up to this Court for a hearing upon those exceptions. By the exceptions allowed, it appears, that Cilley was plaintiffiii an action against Tichovt upon a note ; that judgement was rendered in said action in favor of Cilley for a sum in damages, which exceeded fifty three dollars $ and an execution issued upon that judgement,'returnable within sixty days from its date. Upon this,…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— The objection urged by the plaintifl’s counsel, that the sale of the note should not be proved by parol testimony, seems hardly to arise in the case ; for it no where appears, that there was any writing upon the subject. There might be a valid sale without any writing, and such sale might well be proved by parol.
The other objection, urged to this testimony, is more important. It seems, the defendant was permitted to show a sale of the note to Taylor and Prentiss before the action was brought upon it in his name; and by such showing…
2Cited by2 opinions
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Bond v. WilderSupreme Court of Vermont · 1844